Dec 27, 2012 9:00am EST
didn't have to decide. they reached out in roe v. wade. they reached out in lawrence v. texas, the gay rights case. the people who don't want them to reach out in this case, many of them, do want them to reach out anytime it helps their cause. and maybe they even reached out in the chada case which is alan's case. and my point there is the court shouldn't just make things up, but they are to a large extent a policy-making body. it's evolved that way. that's what they do. they take cases, and they decide broader principles under those cases. and here we have a very serious problem that i think justifies a little stretching not, in my opinion, to ban racial preferences, but to impose the kind of remedies we suggest, transparency and a socioeconomic component. because as our book details, every other institution in american society has failed to come to grips with this problem. the universities systematically mislead applicants and the rest of the country over how it works. the politicians are terrified of it. no major politician has attacked affirmative action publicly in about 20 years.